This week, we welcome to the spotlight Jared Kessler, a "One to Watch" partner with a strong focus on class action litigation in the consumer products and food and beverage industries. Jared has been recognized in recent years by The Legal 500 U.S., The Best Lawyers in America as a Commercial Litigation "One to Watch," and Florida Super Lawyers Rising Stars.
WHY WERE YOU EXCITED TO JOIN WINSTON'S CLASS ACTIONS PRACTICE?
I was excited to join Winston because of its reputation as a "litigation destination" for bet-the-company cases. The Firm's class action group handles some of the largest and most complex matters in the country. And, with respect to the Food & Beverage and Consumer Packaged Goods ("CPG") industries (areas in which I focus my practice) the firm has a deep bench of household name clients and a strong team of attorneys with which to collaborate. I am particularly excited about working with other Winston attorneys to continue growing this practice for the Firm.
IS THERE A PARTICULAR CASE FROM YOUR RECENT CASELOAD THAT STANDS OUT AS A FAVORITE?
I've been fortunate over the years to be a part of many exciting case and trial teams. But one experience stands out. About a year ago, I represented a local non-profit that assists low-income individuals become homeowners in litigation against a former employee who had, through several schemes, diverted hundreds of thousands of dollars for his own benefit. For example, in one instance, the employee—who was tasked with managing the non-profit's real estate development—worked clandestinely with an affiliate to identify vacant land, buy it, and flip it to his non-profit employer for a profit. In one instance, the employee acquired property for $25,000 and, only five days later, caused his non-profit employer to purchase that same parcel for $115,000. Ultimately, with help from other Winston attorneys, we made a meaningful recovery for the client—recouping 100% of the damages arising from the employee's real estate scheme and a significant amount of other stolen money.
WHAT DO YOU SEE ON THE HORIZON FOR CLASS ACTION LITIGATION?
For the remainder of 2024 and into 2025, I anticipate that we will continue to see, among other hot topics, consumer class action lawsuits (1) based on allegedly undisclosed risks associated with a product (i.e., the risk that a particular product contains, for example, heavy metals or bacteria); (2) challenging companies' preservative-free packaging claims; and (3) challenging companies' sourcing, supply chain, sustainability, and/or environmental packaging statements, commonly referred to as greenwashing. At some point in 2024, the Federal Trade Commission will release its revised Green Guides, which provide guidance on how companies should make environmental claims about their products. I suspect, when we see this new guidance, we'll also see a wave of lawsuits attacking brands for alleged non-compliance.
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